Forum for International Criminal Justice Newsletter: February 2017 Welcome to the IAP’s Forum for International Criminal Justice (FICJ) February 2017 Newsletter which focuses on the prosecution of war crimes, crimes against humanity and genocide, including a roundup of video highlights, legal analysis, announcements, events, new publications and major news developments from the past month. This Newsletter also includes a special interview with Kristy Sim about her move from working as a lawyer in Canada to an Assistant Trial Lawyer with the Office of the Prosecutor at the International Criminal Court in the FICJ’s ‘In Profile’ feature. *Please have a look at the FICJ forum page on the IAP website and feel free to contribute: the Forum provides individual prosecutors with a password protected space to post news, announcements, etc. and to pose questions to fellow prosecutors from around the world. Your contributions will also be posted in this monthly newsletter. Passwords are provided to IAP members – if you do not have a password, check your membership status by contacting the IAP Office Manager, Evie Sardeman: [email protected]. Danya Chaikel – IAP FICJ Coordinator | email: [email protected] Video Highlights Click here to watch a panel discussion on the Click here to watch Ambassador Stephen J. ongoing controversy over the scope of Rapp speak on the International Criminal immunity under international Join law, the and FICJ in community: WWW.IAPCourt,-ASSOCIATION.ORG/FICJ ‘hybrid’ tribunals and the/HOME difficulty of particular whether heads of state enjoy creating the third wave of international 1 immunity from prosecution for intl crimes. Followcriminal us justice. on twitter: @iaprosecutors Hague Tribunal Prepares for Shutdown in 2017 The UN war crimes tribunal for the former Yugoslavia will shut down in 2017 after more than two decades, but a handful of unfinished cases will continue, including the landmark case of Bosnian Serb military chief Ratko Mladic By Marija Ristic, BIRN In what was intended to be the final extension of the judges’ mandate at the Hague-based International Criminal Tribunal for the Former Yugoslavia, ICTY, the UN Security Council prolonged the work of this ad hoc court for crimes committed during the 1990s wars to November 2017. November 2017 is the final deadline for the tribunal to hand down verdicts in three remaining cases - two for war crimes in Bosnia and Herzegovina and one for contempt of court. The ICTY courtroom. Photo: ICTY The most important is one of the largest cases in the ICTY’s history, the verdict in the trial of Bosnian Serb General Ratko Mladic, who is accused of genocide and war crimes in Serb-held territories in Bosnia and Herzegovina. The other is the appeal in the case of Jadranko Prlic, Bruno Stojic, Slobodan Praljak, Milivoje Petkovic, Valentin Coric and Berislav Pusic,six former Bosnian Croat leaders who were convicted in 2013 of committing war crimes in the area around the town of Mostar. The third remaining case relates to contempt of court in the trial of Vojislav Seselj, during which three of his Serbian Radical Party members allegedly bribed and intimidated witness not to appear before the ICTY and testify about his involvement in war crimes in Bosnia, Croatia and Serbia. The three wanted Radical Party members - Vjerica Radeta, Petar Jojic and Jovo Ostojic - are currently in Serbia, where the government has been refusing to extradite them on security grounds, despite the fact that the ICTY has issued an international arrest warrant. They have refused to appear in court voluntarily. For some of those who work the ICTY, the last year in its 23-year existence could be the hardest one. The court is struggling with time, first to ensure that the verdicts in the Mladic and Prlic cases happen in November without any delay, but also to keep its remaining staff until the end of 2017. Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 2 Follow us on twitter: @iaprosecutors To keep top legal experts in the field has been a struggle for the ICTY in its final years, as many judges and prosecutors left as the Tribunal started to approach its end. On the other hand, defence teams have been trying to prolong cases, arguing they were not given enough time to deal with the wide- ranging and complex case material. In the case of Mladic, there is also a fear he will not live long enough to see a final verdict due to his poor health which has already on several occasions prolonged his trial. This would be a significant blow to the ICTY’s reputation as some of key Serb leaders from the war years have already died in detention - including former Yugoslav President Slobodan Milosevic and Croatian Serb leader Goran Hadzic. When the ICTY closes its doors in November 2017, its work will be carried on by the Mechanism for International Criminal Tribunals, MICT, which was established in 2010 to continue the “jurisdiction, rights and obligations and essential functions” of the ICTY, and to maintain its legacy. MICT will finish all the cases left unconcluded by the ICTY - most of them appeals –including those from Radovan Karadzic, the Bosnian Serb leader sentenced to 40 years for genocide and war crimes, and Serbian Radical Party chief Vojislav Seselj, who was acquitted. It is also expected that MICT will take over Ratko Mladic’s case at the appeal stage. MICT will also hear one case from the beginning, against former Serbian State Security officials Jovica Stanisic and Franko Simatovic, who have been sent for retrial after their initial acquittal. It is expected to start this year. On the ground, MICT will have two important tasks - to preserve and manage the archive of the ICTY and to assist in national jurisdiction. The latter has proved to be very difficult. Although there have been numerous training sessions for local prosecutors and liaison officers were established, local prosecution still defy the instructions from the ICTY. Bosnia is still making very slow progress in prosecuting cases that were transferred from the UN court, while Serbia rejects one the key ICTY rulings –that the Srebrenica massacres were genocide. In his latest address to the UN Security Council last month, ICTY and MICT Chief Prosecutor Serge Brammertz warned that in unless governments in former Yugoslav countries give their full support to war crimes prosecutions, justice cannot be done. Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 3 Follow us on twitter: @iaprosecutors “As long as the political environment and mindset do not support war crimes justice, it will be extremely difficult to meet the public’s legitimate expectations for meaningful accountability,” Brammertz said. While the ICTY managed to convict some of those responsible for some of the worst atrocities of the late 20th century, it did not find a way to counter some of the domestic hostility to holding war criminals to account. Read the full article on the BIRN website ‘The World in Crisis’ – How international lawyers see current events By Danya Chaikel, International Legal Consultant, IAP FICJ Coordinator, IBA War Crimes Committee Conference Officer It’s a foreboding title - ‘The World in Crisis’ - but relevant. The subjects covered by the International Bar Association’s (IBA) Annual Conference on International Criminal Law were refugees, peace versus justice after conflict, how wars are being funded through trafficking in antiquities and people and money laundering, and immunity from prosecutions. What struck me this year is that, in light of the unstable state of the world, the speakers and participants really felt the weight of their work to not only further, but also to simply preserve, the international justice framework. It’s no longer only a question of advancing human rights and the rule of law, but more fundamentally ensuring that the very foundation underlying legal norms and global criminal justice institutions continues to be relevant and pervasive. This event was held at the Peace Palace in The Hague earlier this month, bringing together lawyers, along with academics and NGOs from around the world to hear from experts. Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 4 Follow us on twitter: @iaprosecutors “From the election of Donald Trump … to the rise of populism across Europe, and the sense of withdrawal from many institutions, from the EU to the ICC, as well as other international treaties and agreements, the international legal order as we built it in the aftermath of WWII has never been in a deeper crisis… It is in times of deeply felt crisis like the one we live today that the role of lawyers, scholars and practitioners becomes even more vital. This is particularly true in our field of practice and scholarship,” explained Federica D’Alessandra, IBA War Crimes Committee Co-Chair and one of the Conference hosts. Professor William Schabas, in his keynote address looking back at the highs and lows from 2016, stressed that the International Criminal Court (ICC) may inevitably have to pursue cases of more international significance such as the war crimes – torture – allegations against American armed forces and the CIA in Afghanistan. And he didn’t pull his punches on the court’s current case record, in the broader context of what a global criminal court might be capable of delivering. He also commended the trial of Hissène Habré, who was tried and convicted before the Extraordinary African Chambers – but within the Senegalese court system – for atrocity crimes, including sexual violence and having raped a woman himself. This landmark trial was the first in history in which a domestic court of one country prosecuted a former ruler of another for mass crimes.